S41-42

• Arrest for refusing to give name and residence:
• No notice under S.41-A Cr.P.C. issued to accused prior to obtaining warrant of arrest
• Summoning of witness - A crucial and vital piece of evidence ought not be obstructed.
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91-Notice - Warrant to produce Document

• notices u/s 91 Cr.P.C. etc. to provide the required information

S125 - Maintenance

• asking the husband to produce his salary slip cannot be termed as violation of his privacy
• Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance
• Section 125 of CrPC Secular
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S. 154 Preliminary Inquiry in cases of Corruption cases

• Preliminary Inquiry in cases of Corruption cases

S156

• mandatory requirement of filing an affidavit
• distinction between the provisions contained in Section 156(3) and Section 202(1) of Cr.PC
• Mag- istrate cannot order any police officer other than one who is in charge of police station to conduct investigation,
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S 160 Summons

• attendance before police officer making an investigation.
• Written answers of questions can not be sought in form of confession.

S 167 Statutory - Default bail -

• Section 167 of the Code as it stands thus mandates that the investigation ought to be completed within the period prescribed.
• S. 167(2)—Statutory bail the charge-sheet has not been filed
• Default bail - Filing of a chargesheet is sufficient compliance with the provisions of Section 167 of the CrPC
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Section 195 - Private Complaint

• palpably false statement made by the respondent

S197 Protection available to the public servants

• authority may be directed to seek approval. And then proceed instead of canceling the entire proceedings altogether.
• where the acts are performed using the office as a mere cloak for unlawful gains, such acts are not protected.

FIR

S 200 - 204

• Dismissal of complaint, held, is not justifiable where petition of complaint and sworn statement of complainant and recorded statements of material witnesses disclose suffi- cient ground for proceeding -
• Availability of Civil Remedy does not bar filing of a case u/s 200 of CrPC
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S205

• Ss. 273, 205, 299, 353, 367, 391 Cr.P.C. and Ss. 30, 33 Indian Evidence Act In the matter of criminal trial

S 239 -Discharge

• S239 Discharge
• Court must apply it‘s judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible.

S 302

• Sections 302 read with 34, 504 and 506 IPC Arms Act Section 25 Indian Evidence Act Sections 3 and 134 Murder Conviction and Sentence Appreciation of evidence
• State machinery to be committed to the rule of law
• only in exceptional cases that the benefit of suspension of sentence can be granted
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S 311

• Section 311 CRPC Summoning of witness Object and scope of provision

S 313 - examining the accused.

• It is not required that each and every sentence of the prosecution evidence be re-written and read over once again while examining the accused
• the inculpatory part of his statement under S. 313 cannot be made the sole basis of his conviction.
• धारा 313 CrPC आरोपी को अपनी बेगुनाही साबित करने का मूल्यवान अधिकार प्रदान करता है और अनुच्छेद 21 के तहत संवैधानिक अधिकार हैः-सुप्रीम कोर्ट
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S319 of CrPC

• 319. Power to proceed against other persons appearing to be guilty of offence
• summoning additional accused

S327 - S340. Court

• Section 327 Court to be open
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S360-378

• Sec. 378 and 386(a)—Appeal against acquittal.
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S 432

• Section 432(2) - Premature release - Remission of sentence -

S304

• Appellant has become very old being father of the deceased
• Section 304B Dowry Death - Lack of positive Viscera Report
• Dowry death - Cannot be guilty under section 304B if it is not established that the cause of death was unnatural: Supreme Court
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S468 - Limitation

• 468 – Limitation of taking cognizance

432,433,406 - Premature Release

• proceedings have to be considered including remission or premature release, as the case may be, in terms of policy which is applicable in State where crime was committed and not State where trial stands transferred and concluded
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S 437-438-439 - Bail

• an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind
• Recovery of money is essentially within the realm of civil proceedings
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S161 -164 - Statement

• wholly inadmissible in evidence
• Section 164 by necessary implication prohibits the magistrate from giving oral evidence of the confession made to him

S 478

• Ss. 438 and 173(2) — Anticipatory bail:

S88 - Bonds

• SECTION-88: BONDS TO APPEAR BEFORE A COURT

S482 - Investigation

• Section 482 - Investigating agency
• Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus
• Inherent powers of High Court can not be invoked for quashing of complaint at the threshold on grounds which would require evidence to be led.
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LOC-Look Out Circular

• Supply of copy of LOC is sine qua non for execution of LOC

Complaint

• Amendment in complaint can be done

S133 - remedy a public nuisance

• invoke Section 133 of Criminal P. C. against the Municipality

S379-399

Split the Case - Trial

• permission to split the case
• Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court

S211-215-464-Framing of Charges, Modification, Retrial

• EFFECT OF THE FAILURE TO FRAME A PROPER CHARGE
• Court not bound to frame charges if prosecution's admitted evidence does not make out offence: Supreme Court
• nothing fundamentally wrong with the charges framed against the appellants nor have the appellants been able to demonstrate that they suffered any prejudice on account of the alleged defects.
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